SSDI Lawyer for Las Vegas Residents
Not being able to work due to injury or a disability is scary. It means you don’t have the money that you and your family need to get by. But there’s good news. The Social Security Administration (SSA) grants Social Security Disability benefits for situations like yours.
But, the SSA isn’t just handing out money. You will need to go through the application process to get approved for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). As many as 70% of applicants are denied during their first application process, with many of those turning into justified appeals. This is why if you are looking to apply, or have been denied benefits, it’s a smart bet to get an attorney involved right away.
Bighorn Law can get you the maximum amount of money you are entitled to through the Social Security Administration. If you need to apply for disability benefits or have been denied benefits, Bighorn has your back.
An Experienced SSDI Attorney for You
Given that so many SSDI cases are initially denied, it makes sense to have an experienced Las Vegas social security disability attorney on your side from the start. But, if you’ve already been denied, we can still help you. Appealing SSDI cases is part of our specialty. As many as 50% of cases that are initially denied are ultimately approved, meaning there is light at the end of the tunnel for those that deserve benefits.
The process for initial application and appealing a denial is an involved one. We can help you through the difficult application process and represent you when it comes time for a hearing. All the way through the process, we will be there for you to ensure that you have the best possible chance to ultimately get your case approved.
If you are unable to work due to a disability – physical or mental – don’t hesitate to get the professionals at Bighorn Law involved. We have a track record of securing disability benefits for those that are entitled to them.
Who Is Eligible for Social Security Disability Benefits (SSDI)?
The SSA has strict guidelines for what classifies as being disabled. By definition, they define disability as:
The inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
During the application process, the SSA will look at your work history and see if you’ve worked enough years to qualify for SSDI benefits. The social security taxes that come off of every paycheck are essentially what you pay in. This number that you have paid in through your work history comes directly into play in determining your benefits eligibility – and ultimately what that monthly payment number will be.
Your work history will be looked at in two ways. First, is the recent work test that shows how much work you have done based on your age and when you became disabled. Second, is the duration of work test that shows that you worked long enough overall during your lifetime.
Then, you will be evaluated on your ability to continue working. The SSA will look to see if you can no longer do the work you did prior to your disability and if you are able to do any other kind of work.
If you do qualify through your work history, your medical records will then be thoroughly reviewed and your doctors will be asked various questions about your condition. These can include, but are not limited to:
- What your medical condition in
- When your medical condition began
- How your medical condition limits your ability to gain employment
- What treatment you have received for your condition
- Your ability to do activities that are related to your work
Who is Eligible for SSI Benefits?
You may wonder what the difference is between SSDI and SSI benefits. While SSDI benefits are attained through what you paid during your work history, SSI benefits are available for those who cannot work or have little or no income throughout their lifetime. These benefits are funded through the general tax revenue and are available to qualifying citizens.
There are three main categories that meet the requirements for the needs-based SSI benefits.
- Age – You are age 65 or older
- Blind – You are determined to have statutory blindness which severely impairs your ability to see.
- Disabled – You have a physical or mental impairment that is expected to be long-term in nature. It is common for someone under the age of 18 to qualify for SSI due to their lack of work history.
What Social Security Disability Benefits are available to Nevada Residents?
If you are disabled and no longer able to work, disability benefits can make all the difference in your life. The SSA offers three main benefit areas for individuals and their families who qualify.
The main benefit for individuals that are no longer able to work is disability benefits. The primary qualifier for these benefits is having a medical condition that is likely and expected to last more than a year.
If your spouse is 62 or older; or your spouse, at any age, if he or she is caring for a child of yours who is younger than age 16 or disabled; or if you are a disabled widow or widower between the age of 50 and 60.
Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild who is younger than age 18 or younger than age 19 if in elementary or secondary school full time; or your unmarried child, age 18 or older, if he or she has a disability that started before age 22 (the child’s disability also must meet the definition of disability for adults)
Social Security Disability Common Questions
How is it determined if I can receive benefits?
After the SSA looks at work history eligibility, a local Disability Determination Service will review your actual disability and look at factors like your medical condition, when the condition began, how the condition limits activities, what treatment has been taken, and more.
Does the SSA look at work history when evaluating an application?
Yes, as listed above, a recent work test and duration of work test will evaluate how much you have essentially paid into social security, which determines eligibility.
Will I be required to return to work?
The SSA will make the decision if your disability is so severe that it hinders your ability to return to work. Part of this evaluation is whether you can do the work you did before and if you can do any other type of work.
What is the difference between SSDI and SSI?
SSDI is an entitlement program based on previous work history and what has been essentially paid in by an individual to social security. SSI is a needs-based program for those who have limited or no prior work history.
Can I return to work while receiving social security disability?
There are scenarios where someone could work and receive social security disability, but there are many factors involved and you cannot gain substantial income. The current income limit is $1,276 per month while receiving benefits, but not every situation is the same.
What are social security disability payments amounts for 2021?
Due to a 1.3% increase in the cost of living adjustment (COLA), average SSDI benefits are $1,543 per month in 2021 for individuals and $2,596 per month for couples. The maximum amount for 2021 is $3,148 per month.
A Las Vegas SSDI Attorney for You
If you are unable to work due to a disability – physical or mental – don’t hesitate to get the professionals at Bighorn Law involved. We have a wealth of experience in the field – both for new applicants and those who have already been denied social security disability benefits. The call is risk-free, no-cost, and completely confidential. Call 702-935=6209 today to get in touch with one of our social security disability experts here in Las Vegas.